News In Focus
1 April 2009
MSP drops bid to legalise bondage sessions
Patrick Harvie yesterday dropped his bid to change the law of assault as regards certain sexual practices.
The Green MSP had moved an amendment to the Sexual Offences (Scotland) Bill, now going through the Scottish Parliament, to exclude from the definition of assault such practices as bondage, sadism, masochism, dominance and submission, if carried out by consenting adults over 16 for sexual gratification.
In the Justice Committee Mr Harvie said he wanted to trigger debate and to hear an explanation as to why the Scottish Government was not following a recommendation of the Scotish Law Commission.
He argued that unusual sexual practices between adults freely engaging in them "should not be seen as a priority for prosecution", and it was anomalous that they should be regarded as criminal assault. People could suffer discrimination as a result of public disapproval.
However other MSPs on the committee echoed Justice Secretary Kenny MacAskill's view that to remove the threat of prosecution could provide a loophole for those accused of domestic abuse and sex crimes. Chairman Bill Aitken said that as well as consent, a key factor had to be that violence did not lead to injury.
Mr Harvie agreed to drop his amendment after debate.